NavCom SF-3050 Rev.I User Manual

Page 163

Advertising
background image

SF-3050 GNSS Product User Guide

– Rev I

F-144

or in connection with your use of the Software, regardless of whether such losses are
caused, wholly or partially, by any negligence, breach of contract or other fault of an
Indemnified Party.

12.

Trademark

. StarFire™ is a trademark of Licensor. No right, license, or interest to

such trademark is granted hereunder, and you agree that no such right, license, or
interest shall be asserted by you with respect to such trademark.

13.

Costs of Litigation. If any claim or action is brought by either party to this License

Agreement against the other party regarding the subject matter hereof, the prevailing
party shall be entitled to recover, in addition to any other relief granted, reasonable
attorney fees and expenses of litigation.

14.

Severability and Waiver. Should any term of this License Agreement be declared

void or unenforceable by any court of competent jurisdiction, such declaration shall have
no effect on the remaining terms hereof. The failure of either party to enforce any rights
granted hereunder or to take action against the other party in the event of any breach
hereunder shall not be deemed a waiver by that party as to subsequent enforcement of
rights of subsequent actions in the event of future breaches.

15.

Language Clause. If you are a resident of Canada at the time you accept this

License Agreement, then the parties hereby acknowledge that they have required this
License Agreement, and all other documents relating hereto, be drawn up in the English
language only. Les parties reconnaissent avoir demandé que le présent contrat ainsi que
toute autre entente ou avis requis ou permis à être conclu ou donné en vertu des
stipulations du présent contrat, soient rédigés en langue anglaise seulement. If you are a
resident of any country other than the United States, Canada, Great Britain, Australia or
New Zealand then you agree as follows: there may be a translated version of this
License Agreement. If there is an inconsistency or contradiction between the translated
version and the English version of this License Agreement, the English version of this
License Agreement shall control.

16.

Assignment by Licensor. Licensor may assign this Agreement without your prior

consent to any company or entity affiliated with Licensor, or by an assignment associated
with a corporate restructuring, merger or acquisition.

17.

Governing Law and Forum. This Agreement will be governed by and construed in

accordance with the substantive laws in force in the County of Los Angeles in the State of
California. This Agreement will not be governed by the conflict of law rules of any
jurisdiction or the United Nations Convention on Contracts for the International Sale of
Goods, the application of which is expressly excluded.

18.

Specific Exceptions.

18.1 Limited Warranty for Users Residing in European Economic Area Countries and
Switzerland.
If you obtained the Software in any European Economic Area countries and
Switzerland, and you usually reside in such country, then Section 6 does not apply,
instead, Licensor warrants that the Software provides the functionalities set forth in the
Operators Manuals (the "agreed upon functionalities") for the Warranty Period. As used in
this Section, "Warranty Period" means one (1) year. Non-substantial variation from the
agreed upon functionalities shall not be considered and does not establish any warranty
rights. THIS LIMITED WARRANTY DOES NOT APPLY TO Software PROVIDED TO

Advertising
This manual is related to the following products: